Communications Law Commons^™

The Law And Economics Of Wardrobe Malfunction, Adam Candeub

ExpressO

ABSTRACT: This article examines the Federal Communication Commission’s indecency regulation for television and radio. In recent years, the FCC has not only pursued high profile enforcements such as Janet Jackson’s well-known Super Bowl half time show, but perhaps more important, has issued fines against broadcasters in record amounts totaling millions of dollars. Critics claim that these enforcements are politicized, arbitrary, and chilling of free speech.

This article proposes a new, market-based mechanism for indecency regulation that avoids the pitfalls of the FCC’s current approach. The proposal focuses on the viewer--advertiser relationship, in distinction to the FCC’s regulations, which concentrate solely …

Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister

Federal Communications Law Journal

In 1996, Congress passed the first substantial rework of the Communications Act of 1934. This Act was intended to benefit consumers by encouraging competition and establishing a series of explicit mechanisms for assuring universal service. One of the outcomes is the creation of significant controversy over the federal, and in some cases, state universal service subsidy for the class of telecommunications providers typically known as wireless or cellular and defined by federal statute as "commercial mobile radio service" ("CMRS"). Incumbent local exchange carriers ("ILECs") characterize these subsidies as a windfall and as unnecessary to provide wireless phone service. They argue …

Securing The Freedom Of The Communications Revolution, Michael K. Powell

Federal Communications Law Journal

No abstract provided.

The 2005 Communications Act Of Unintended Consequences, Daniel Brenner

Federal Communications Law Journal

No abstract provided.

The Contrasting Policies Of The Fcc And Ferc Regarding The Importance Of Open Transmission Networks In Downstream Competitive Markets, Harvey Reiter

Federal Communications Law Journal

The Federal Energy Regulatory Commission ("FERC") and the Federal Communications Commission ("FCC") have undergone a remarkable role reversal. After years of resistance to the very notion of competition in the electric and gas industries, FERC has, with considerable vigor and consistency spanning nearly two decades, promoted policies to open access both to gas pipeline and high voltage electric transmission networks to downstream competitors of the network owners. FERC has stated plainly and repeatedly that the underpinning of these policies is that open access is essential to the protection of competition in the sale of the largely deregulated services reliant upon …

Convergence And Competition-At Last, Antoinette Cook Bush, John Beahn, Mick Tuesley

Federal Communications Law Journal

No abstract provided.

Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer

Federal Communications Law Journal

No abstract provided.

The Broadcast Flag: It's Not Just Tv, Wendy Seltzer

Federal Communications Law Journal

No abstract provided.

Time For Change On Media Cross-Ownership Regulation, John F. Sturm

Federal Communications Law Journal

No abstract provided.

Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest

Federal Communications Law Journal

No abstract provided.

Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan

Federal Communications Law Journal

With the advent of digital TV, many homes in the U.S. are now on the cutting edge of what is likely to be a sea change in how this country watches TV. While these homes can now begin to enjoy the numerous benefits of the technology, regulators and industry experts are working to craft responses to problems, both actual and anticipated, that the technology creates. Mindful of the piracy issues that came with the popularity of digital file formats in the music industry, the FCC addressed piracy in the digital TV context by endorsing the use of "broadcast flags" on …

Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski

Faculty Publications

Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin

Scholarly Works

No abstract provided.

The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski

Articles & Chapters

No abstract provided.

Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron Perzanowski

Articles

Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.

The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar

Federal Communications Law Journal

After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …

Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden

Federal Communications Law Journal

The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …

Application Of The Public-Trust Doctrine And Principles Of Natural Resource Management To Electromagnetic Spectrum, Patrick S. Ryan

Michigan Telecommunications & Technology Law Review

The Electromagnetic spectrum is among our most valuable natural resources. Yet while the past few decades have seen a rich body of environmental law develop for other natural resources, this movement has largely passed over the electromagnetic spectrum. This Article argues that to remedy that situation, the public-trust doctrine, which is now a cornerstone of modern environmental law, should be extended to the electromagnetic spectrum. This extension would not be a leap: the public-trust doctrine has already been used to guarantee the public access to various bodies of water (not just navigable water), and to protect recreational lakes and beaches, …

Unmasking Hidden Commercials In Broadcasting: Origins Of The Sponsorship Identification Regulations, 1927-1963, Richard Kielbowicz, Linda Lawson

Federal Communications Law Journal

This Article by Richard Kielbowicz and Linda Lawson is an exploration of the origins of sponsorship identification regulations as they pertained to early radio and television programming. Beginning with the statutory sponsorship identification requirement enacted in 1927, the Authors trace the development of sponsorship identification rules in the communications industry. By arguing that such rules express a basic goal of American communication law and policy, Kielbowicz and Lawson analyze trends and developments in sponsorship regulation that did not materialize in the 1930s and 1940s because of the nature of early broadcast sponsorship. The Authors then assert that those same early …

Rocking Wrigley: The Chicago Cubs' Off-Field Struggle To Compete For Ticket Sales With Its Rooftop Neighbors, Ronnie Bitman

Federal Communications Law Journal

Wrigley Field, home of the Chicago Cubs, is one of the most unique and beloved baseball stadiums in the country. In recent years, however, the owners of several rooftop viewing platforms near the stadium provided the Cubs with unwanted off-field competition for ticket revenues. This Note discusses the intersection of sports, property rights, and copyright law in the context of recent dilemmas and litigation by professional sports organizations and teams. Although this Note briefly touches on the Lanham Act, the Author's focus remains on copyright law and the FCC's support for proprietary rights in sports.

Finding Substance In The Fcc's Policy Of "Substantial Service", Jennifer Prime

Federal Communications Law Journal

An FCC license for the use of the electromagnetic spectrum is a valuable asset, but it exists only for a limited duration. Therefore, obtaining a license renewal is vital to a licensee, especially one who has participated in an auction and made substantial investments in order to obtain the rights the license confers. This Note describes the mechanisms by which licensees obtain greater certainty that their licenses will be renewed, including the concept of renewal expectancy. One form of such expectancy is the ambiguous "substantial service" requirement. This Note explains the origins of the term, discusses its current uses, and …

A Losing Battle For All Sides: The Sad State Of Spectrum Management, Gregory L. Rosston

Federal Communications Law Journal

Spectrum Wars: The Policy and Technology Debate, Jennifer A. Manner, Boston: Artech House, 2003, 186 pages.

A review of Spectrum Wars: The Policy and Technology Debate by Jennifer A. Manner. In this 2003 publication, the author goes a level further than most spectrum analyses do, by attempting to integrate the complex relationship between domestic spectrum policy and international spectrum concerns. Spectrum Wars can be divided into three major parts: a deep background of the institutional detail of the frequency management process, a description of the tensions between different theories on how to change spectrum management, and finally, a view about …

On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips

PIJIP Faculty Scholarship

In one of his first speeches soon after being sworn in as a commissioner of the Federal Communications Commission, Michael Powell bemoaned the lack of an angel's visit to give him a clearer understanding of the guiding standard in broadcast regulation - the public interest. Without a clear message as to the public interest, he declared the standard too vague.

Five years later, and now serving as Chairman, Powell leads the charge for even further deregulation of the already deregulated broadcast industry. The most recent FCC decision relaxed a wide range of media ownership regulations remaining on the books and …

Telemarketing Sales Rule Commentary — Cox Enterprises, Inc.

Richmond Journal of Law & Technology

Cox Enterprises, Inc. (“CEI” or “Cox”) hereby submits these comments in response to the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking relating to the proposed amendment of the Telemarketing Sales Rule (the “TSR” or “Rule”). Cox welcomes this opportunity to comment on the proposed amended Rule, and strongly supports the efforts of the FTC to protect consumers from fraudulent and deceptive telemarketing.

Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …

Plaintiff’S Reply Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

The government’s assumption that commercial speech restrictions should be judged by the same standard as time, place or manner restrictions fails to accurately set forth the relevant burden of proof articulated in more recent commercial speech cases.

Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

This case is a cautionary tale about what happens when federal agencies allow perceived political imperatives to override legal and constitutional concerns.

The Do-Not-Call List’S Big Hang-Up, Jared Strauss

Richmond Journal of Law & Technology

On October 1, 2003, the Federal Trade Commission’s National Do- Not-Call Registry was supposed to go into effect. By forbidding companies and telemarketers from making unsolicited calls to anyone who had registered their phone number on the list three months prior, this program culminated a decade’s worth of efforts to alleviate consumer frustration with unwanted sales calls. However, on September 27, 2003, the District of Colorado derailed the registry, holding that the rule made an unconstitutional distinction between commercial and noncommercial speech by covering commercial calls and exempting calls for charitable, religious, or political organizations.

Television And The Public Interest, Newton N. Minow

Federal Communications Law Journal

Speech Before the National Association of Broadcasters (May 9, 1961).

Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan

Federal Communications Law Journal

No abstract provided.